Orem

A bad acid trip in Orem, Utah ended in one man missing an ear and the other facing charges for attempted murder with a meat cleaver.

LSD and weapons

Photo by: Jordi Sabaté

30 year old Mackenzie Ulibarri and 27 year old Jordan Smith were allegedly tripping on acid together when an altercation broke out between the two roommates. Reports state Ulibarri was upset with Smith being loud and echoing the same phrases repeatedly. The way these mannerisms were viewed was likely to be enhanced due to the effects of the hallucinogens and Ulibarri claimed to be scared by his roommate’s behavior. He then fired a weapon at Smith and when that didn’t work, he attacked him with a meat cleaver. Smith suffered several injuries, including one of his ears being detached completely. Ulibarri was arrested on multiple charges including attempted murder.

Attempted murder

Utah Code 76-4-102 states “Criminal attempt to commit [murder] . . . is a first degree felony punishable by imprisonment for an indeterminate term of not fewer than three years and which may be for life”. Utah Code 76-4-101 adds “a person is guilty of an attempt to commit a crime if he:

(a) Engages in conduct constituting a substantial step toward commission of the crime; and
(b) (i) Intends to commit the crime; or
(c) (ii) When causing a particular result is an element of the crime, he acts with an awareness that his conduct is reasonably certain to cause that result.”

Awareness while hallucinating?

When an individual is under the influence of a hallucinogen such as LSD, there is usually little to no awareness of reality. The National Institute on Drug Abuse states: “some hallucinogens interfere with the action of the brain chemical serotonin, which regulates:

With such an overall effect on a person’s physical, mental, and emotional state, it is not surprising to note that someone tripping on acid may not have the awareness necessary to know what they are doing or what the consequences of their actions may be.

Temporary, yet voluntary insanity

When someone makes the conscious choice to partake in a substance known to skew a person’s reality or decision-making skills even to the point of making them temporarily insane, they are also taking the responsibility of any criminal activity they may perform while under the influence of that substance. According to Utah Code 76-2-305, “It is a defense to a prosecution under any statute or ordinance that the defendant, as a result of mental illness, lacked the mental state required as an element of the offense charged. . .[however] A person who asserts a defense of insanity or diminished mental capacity, and who is under the influence of voluntarily consumed, injected, or ingested alcohol, controlled substances, or volatile substances at the time of the alleged offense is not excused from criminal responsibility on the basis of mental illness if the alcohol or substance caused, triggered, or substantially contributed to the mental illness.”

Criminal defense

Those individuals who are facing charges stemming from criminal actions while under the influence of alcohol or drugs such as hallucinogens are encouraged to seek legal counsel from an experienced attorney who can help find valid defense opportunities pertinent to each specific case.

A Utah couple is facing class A misdemeanor voyeurism charges after they used a personal drone to invade the privacy of their neighbors.

Nosy drone

Photo by: Andrew Turner

39 year old Aaron Dennis Foote of Orem, Utah and his 34 year old girlfriend Terisha Lee Norviel were arrested after a neighbor saw the drone filming through his open window, seized the unmanned aircraft, and handed it over to police. Authorities discovered the drone had been used to film multiple people while in their bedrooms and/or bathrooms on single level as well as multiple level residences. Police were able to quickly apprehend Foote and Norviel after using info collected by the drone including a picture of Foote’s face as well as his license plate.

Voyeurism

According to Utah Code 76-9-702.7, there are various penalties associated with voyeurism. The penalty for voyeurism is a class B misdemeanor if the person “views or attempts to view an individual, with or without the use of any instrumentality;

(a) With the intent of viewing any portion of the individual’s body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered with clothing;

(b) Without the knowledge or consent of the individual; and

(c) Under circumstances in which the individual has a reasonable expectation of privacy.”

That charge is increased to a Class A misdemeanor if the victim of voyeurism is a child less than 14 years of age.

Voyeurism using concealed electronic equipment

When concealed electronic equipment such as a hidden camera or a spy drone outside a window is used to commit voyeurism, the charge is increased to a class A misdemeanor or third degree felony if the voyeurism is committed against a child under 14 years of age. Again, the charges remain the same based strictly on intent. Whether or not the person committing voyeurism succeeded in viewing the private areas of the other individual(s) body remains irrelevant.

With little to no cash to spend for the holidays, many consumers resort to shoplifting for the things they want.

Shoplifting team effort

Photo by: Robert Sheie

A St. George Utah couple was arrested earlier this month after they attempted to flee Christensen’s clothing store with over $500 worth of jeans. After pushing their way past the store owner, both individuals are facing charges for assault and theft. While many cases of shoplifting are due to something wanted such as multiple pairs of jeans, occasionally people are caught shoplifting for items truly needed.

Stealing the necessities

Photo: Gabriela Pinto

An Orem Utah mom was apprehended for shoplifting when officers discovered she was stealing groceries for her children whom she was the sole provider for. Instead of charging the single mom for shoplifting, Orem police officers saw a family in need and helped the mother and children with food and gifts just in time for the holidays. While the single mother is not facing charges currently, the store from which she stole still has the option to press civil charges. Hopefully they will show her the same kindness the officers did.

Larceny

Photo by: Mike Mozart

Shoplifting is defined as a type of larceny from a store or place of business. Shoplifting is rarely excused such as it was for the single Orem Utah mother. The majority of people facing shoplifting charges end up in court. Depending on the amount and the type of the items stolen, shoplifting charges can range from a class B misdemeanor for items totaled under $500 to a second degree felony if the shoplifted item was a firearm. For help in dealing with shoplifting or another type of theft charge, contact a criminal defense attorney.